DECIDED JUNE 15, 1998. Certiorari to the Court of Appeals of Georgia — 225 Ga. App. 541. R. J. Martin III, District Attorney, Michael T. Muldrew, Assistant District Attorney, for appellant.
See State v. Echols, 204 Ga. App. 630 ( 420 S.E.2d 64) (1992); State v. Zackery, 193 Ga. App. 319 ( 387 S.E.2d 606) (1989)." State v. David, 225 Ga. App. 541 ( 484 S.E.2d 278) (1997). In this case, the officers observed the marijuana from a place they were legally entitled to be, because they had obtained defendant's neighbor's consent to enter that property.
JOHNSON, Presiding Judge. The decision of the Court of Appeals in this case having been reversed by the Supreme Court, State v. David, 269 Ga. 533 ( 501 S.E.2d 494) (1998), our decision in State v. David, 225 Ga. App. 541 ( 484 S.E.2d 278) (1997), is hereby vacated and the judgment of the Supreme Court is made the judgment of this court. Judgment reversed. McMurray, P.J., and Ruffin, J., concur.
State v. Brannan, 222 Ga. App. 372, 373 (1) ( 474 S.E.2d 267) (1996). See, also, State v. David, 225 Ga. App. 541, 543 ( 484 S.E.2d 278) (1997). Deferring to the trial court's determinations with regard to facts and credibility, as we must, we cannot say that the denial of Cates' motion to suppress was clearly erroneous.
Furthermore, Ferguson freely signed a consent form indicating that this verbal consent had been given. Although Ferguson testified at the hearing that she never gave consent to the search until after it had occurred, "[i]t is the trial court's duty to determine issues of fact and credibility on a motion to suppress, and we will not disturb those findings unless they are clearly erroneous." State v. David, 225 Ga. App. 541, 543 ( 484 S.E.2d 278) (1997). The trial court found that the evidence supported the conclusion that Ferguson consented prior to the search, and we will not disturb that finding.